In what circumstances can a court award personal costs against a barrister?
British Columbia, Canada
The following excerpt is from Dempsey et al. v. Envision Credit Union et al., 2006 BCSC 1324 (CanLII):
In Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 SCR 3, McLachlin J. described the limited circumstances in which costs may be awarded personally against a barrister. At page 86 she said: The basic principle on which costs are awarded is as compensation for the successful party, not in order to punish a barrister. Any member of the legal profession might be subject to a compensatory order for costs if it is shown that repetitive and irrelevant material, and excessive motions and applications, characterized the proceedings in which they were involved, and that the lawyer acted in bad faith in encouraging this abuse and delay. It is clear that the courts possess jurisdiction to make such an award, often under statute and, in any event, as part of their inherent jurisdiction to control abuse of process and contempt of court
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